Постановление Европейского суда по правам человека от 09.04.2009 «Дело Газиева и другие (Gaziyeva and others) против России» [англ.]

the group belonged to division Don-100 of the North-Caucasian Military Circuit of the Internal Troops of the Ministry of the Interior (Дивизия Северокавказского округа внутренних войск "Дон-100").
10. That afternoon Abdul-Malik Shakhmurzayev was driving a ZIL-130 lorry in the direction of Chechen-Aul. Earlier that day he had picked up two fellow villagers, Mr Malik Z. and Mr Gilani M., to give them a lift to Chechen-Aul.
11. At about 3 p.m. Abdul-Malik Shakhmurzayev's lorry was stopped by the group of servicemen in APCs. He and the two passengers were told to step out of the vehicle and lie face down on the ground to answer the servicemen's questions.
12. Abdul-Malik Shakhmurzayev refused to lie down on the ground and said that he would answer the questions standing. One of the servicemen told him: "You will not only lie down, you will crawl and bark like a dog if we say so" and three of the servicemen started swearing and beating him with rifle butts. The beating was witnessed by three other persons who had also been stopped by the same group of servicemen: Mr S., Mr G. and Mr Yu.
13. After the beating Abdul-Malik Shakhmurzayev was put in one of the APCs and taken away. The two passengers Abdul-Malik Shakhmurzayev had picked up earlier that morning were also detained. The servicemen also detained the drivers of two other ZIL lorries, who were also beaten up but let go in the evening of 8 February 2001. These drivers, Mr Yu. and Mr G., came to the applicants and told them about the arrest of Abdul-Malik Shakhmurzayev.
14. On 9 February 2001 the first applicant went to the military commander's office in the nearby village of Gikalo. There she spoke to an officer who refused to reveal his name. He confirmed that Abdul-Malik Shakhmurzayev had been arrested on 8 February 2001 by military servicemen, but stated that no charges had been brought against him. The two men to whom Abdul-Malik Shakhmurzayev had given a lift on 8 February had also been arrested.
15. On 9 February 2001 the applicant went to the Urus-Martan district military commander's office. There she met an officer who told her that Abdul-Malik Shakhmurzayev and his two passengers were being held in the "Tangi-Chu pits" in the village of Tangi-Chu (also spelled Tenghi-Chu).
16. The applicants' description of the circumstances surrounding the abduction of Abdul-Malik Shakhmurzayev was based on the witness statements provided by the applicants to the Court: a statement by the applicants' relative Mr R.S., an account of the events by Mr S. (undated); an account of the events by witness Mr G. dated 30 September 2003; an account of the events by witness Mr E. dated 30 September 2003; an account of the events by witness Mr Yu. dated 30 September 2003 and on a hand-drawn map of Chechen-Aul.

2. Information submitted by the Government

17. The Government did not dispute the facts as presented by the applicants. In their memorandum they stated ".... in connection with the abduction on 8 February 2001 by unidentified persons of the residents of Chechen-Aul, Mr Malik Z., Mr Abdul-Malik Shakhmurzayev and Mr Gilani M., who had been taken away [by the abductors] to an unknown destination, the Grozny district prosecutor's office of Chechnya opened criminal case No. 19074 under Article 126 § 2 [of the Criminal Code] (aggravated kidnapping)".
18. Referring to the information received from the investigation into the abduction of Abdul-Malik Shakhmurzayev, the Government submitted the following information concerning the circumstances of his abduction.
19. On 18 June 2001 the investigators questioned Mr Kh.Z. and Mr A.M., relatives of the disappeared men, who stated that their fellow villagers had told them that on 8 February 2001 at about 4 p.m. military servicemen stationed in a former canning factory in Gikalo had arrested

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